The Adams Law Firm, P.A.

​FloridA Estate planning, Florida Probate & Guardianship

(407) 270-3724

Questions and Answers on Medicaid Asset Protection Trust

Q: Is a Medicaid Asset Protection Trust Revocable?

A:  No, this is an irrevocable trust and can be a highly effective asset preservation strategy. It allows you, the "trustor," to create the trust and to name one or more persons - other than yourself or your spouse - to manage the trust. You may give detailed instructions as to how the assets are managed. You may even retain the right to change the trustee at any time if the trustee is not managing the assets to your satisfaction, or for any other reason

Q:  Can you receive Income from the Irrevocable Trusts?

A:  You are entitled to all of the income, for yourself for your lifetime. You may also make the income available to your spouse. As trustor, you retain the right to direct the trustee to give gifts of the principal to your children or others, although no distribution can be made from the trust to you.

Q:  Can you receive principal from the trust during your life time?

A:  No "distribution" can be made from the trust to you, however the trustee may continue to pay your bills and to use trust assets for your support and needs. Additionally, you will maintain control over real property in the trust during your lifetime. 

Medicaid Asset Protection Trust

Our Florida Probate and Estate Planning lawyers may recommend a Medicaid Asset Protection Trust for you if you:

  • Are concerned about preserving assets for your spouse or other family members.

  • May require Medicaid benefits for long-term nursing home care in the future, even if current health is not an issue.

  • Do not have long-term care insurance, or have not taken any other steps to cover long-term care nursing costs. 

  • Have people you trust, such as adult children, who can serve as Trustee(s).  

A Medicaid Asset Protection Trust is an irrevocable trust. Properly managed and funded, after five years, all of the principal will be deemed an unavailable asset if you apply for Medicaid, and will be preserved for your family. 

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